Cca Requests Updates Please

rog2

badgerbread wrote: »

hope someone can give me some advice here I have asked GM card for a copy of a cca there response to this so far has been to tell me that they now consider my account to be up to date as I have been making regular payments I have been begging them to lower there interest rates so that I can make a resonable dent in this for ages. today I recieve a letter telling me that they are unable to provide me with a photocopy of my original agreement but they have provided a copy of the executed agreement that does not cotain signatures they are also saying that as I have been making regular payments that it is resonable to conclude that I have acknowleged this debt therefore hfc bank holds me liable for the remaining debt.

what if anything do I do now is it worth me offering full and final settlement or just stop paying them or do I continue as I have been doing in trying to chip away at it? this account was opened in 1994 any help would be appreciated

Hi bb

Providing that GM card have provided you with a 'True and Compliant Copy of the Original Executed Agreement' then that agreement need not be a 'signed' copy in order to comply with your 'cca request'.
If, however, you made a 'Subject Access Request' or defended any action in Court, then they would need to provide a signed copy of the agreement.
However, I would guess, simply from the fact that they have offered to put your account back to a 'normal' footing, regarding interest, that they would be unable to provide you with a 'signed agreement'.
In my opinion, you are in a very strong position to make a 'Full and Final Settlement Offer':

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=24_full_and_final_settlement_offers

blueforyou

Bazza66 wrote: »

bfy,

My understanding is that if the DCA could not produce the CCA after the 12+2 then THEY are in default. The account cannot be passed onto anyone else. Therefore you should have not need to go back to the OC for a CCA. Moorcrap should have the CCA and they know that.

I would not write to the OC at all - the account (unless Moorcrap are agents to the OC) has been passed to Moorcrap and it is their responsibility now.

Thanks Bazza. I used to ignore DCA letters telling me to write to the OC, however I thought I'd give it a try on this occasion - a test of this method could elicit some further info on how ignorant both the OC and DCA are of the law...

Shinysprite

Hi all,

I posted a couple of months back on another thread about my situation:

http://forums.moneysavingexpert.com/showthread.html?p=22022669&highlight=shinysprite#post22022669

But, to sum it up, I have three creditors, totalling debt of around £14,000 between them. I have no job, but some savings, which I would like (and have been advised) to realise in order to make reduced full and final settlement offers to them.

Requested CCAs from them at the end of May and have received mixed responses. Just wondering if anyone can advise on next steps?

1 - HFC Bank. Sent me by recorded delivery, on day 12 after my request, NOT a copy of my CCA, but a statement of my account, accompanied by a letter which says:

'HFC Bank has been unable to provide a photocopy of your original agreement. However, please note that in accordance with Regulation 3 of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 we provide a copy of the executed agreement that does not include information which it is permitted to exclude such as the signatures and signature box. Upon the original agreement becoming available, HFC Bank will forward this to you as soon as it is received. (NOT HOLDING MY BREATH FOR THAT! :rolleyes: )

Whilst monthly payments to your account have been maintained in line with the terms and conditions, the payments that have been received have been submitted by you and it is reasonable to conclude that you acknowledge this debt. In summary, our records confirm that you have conducted the above account in a way which suggests you have a relationship with the bank. In view of this, HFC Bank holds you liable for the outstanding balance on the above account.

I trust the information I have provided to you is to your satisfaction but should you require anything further.... etc..'

I've since spoken to them and made a couple of token payments and told them that I hope to be in a position to make a f&f settlement offer shortly (no mention of savings - have said that a relative may be willing to lend me some money to help me out) and they seem fairly happy with the situation - although I am not sure how much I should offer. 50%?

2 - Egg - Received a copy of my signed CCA (some time after 12+2) but I'm not sure if it contains all required information and they have not chased me for any payments since I told them in May of my change in circumstances and that I could not keep up my regular monthly payments, so I'm not sure how to deal with them. Again, I'd like to make them an offer but not sure how much.

3 - This is the most interesting case. CL Finance - Have not received any response from them WHATSOEVER following my CCA request. Nothing requesting payment or anything until TODAY, when I received a letter in which they say:

'We refer to the above account and note that you have failed to make the agreed payments towards the concessionary arrangement on your account.

To allow the arrangement to continue, you must make an immediate payment of £xx.xx to reach us within 10 days of the date of this letter. You must continue to make all subsequent payments, as originally agreed as a condition of the concessionary arrangement. If your payment is not received, the arrangement will be cancelled and further action will be taken to recover the full balance.

Please treat this letter as formal notification that if you do not make the agreed payment, we will instruct our solicitors or a debt recovery agency to take further recovery action against you. This may include the issue of legal proceedings without further warning.'

I know there's not much they can do, given that they haven't provided me with a CCA, and I have also made them aware of my circumstances, i.e., that I am on JSA and unable for the time being to make repayments at my previously agreed rate. When I informed them of this, as soon as it happened, they were fine with it and agreed to hold the account until they heard from me. When they did hear from me, i.e., my CCA request, they obviously chose to ignore me.

Soooo - my question is, what happens now? Do I tell CL Finance that their debt is unenforceable and make a much-reduced offer of f&f settlement?

I've checked my Experian report and most of my defaults are due to expire next year and my credit rating is steadily improving, so I obviously want to avoid more problems in this area!

Any advice much appreciated!! xx

happymumof3

Hi, I have this morning received a letter from Debt Managers Ltd, further to me sending them the CCA request letter and the 12+2 letter, it reads:-

Thank you for you letter dated the 30th July 2009 regarding the above. All of your comments have been noted and your dissatisfaction is being dealt with under our complaints process.

I can confirm that your request for a copy of the agreement under the Consumer Credit Act 2006 was passed to Shop Direct Finance Co Ltd on the 16th July 2009, and a letter was posted to you to advise you of the referral.

I can advise that we have 30 days in which to obtain a copy of the signed agreement, under the Consumer Credit Act 2006, and cannot enforce the debt until the information has been supplied.

However I can confirm that at the present time we have been unable to obtain a copy of the agreement, and I can advise that our file on this matter is now closed.

If you have any further queries... blah blah blah!

I just wondered if someone could clarify a couple of things - firstly, I didn't realise that the standard 12+2 letter I sent them had anything regarding me complaining in it?!?

Also, I am guessing that they are unable to locate a copy of the signed CCA (the account was opened in 2004, and I am pretty sure I did not sign an agreement). Is this likely to now be returned to Shop Direct, and are they likely to start chasing me for the money? And if so, do I just repeat the above process again? I'm guessing from Debt Managers statement that 'our file on this matter is now closed' means they are not interested in my debt anymore?

Any help would be gratefully received, thanks!

Bazza66

blueforyou wrote: »

Thanks Bazza. I used to ignore DCA letters telling me to write to the OC, however I thought I'd give it a try on this occasion - a test of this method could elicit some further info on how ignorant both the OC and DCA are of the law...

I really wouldn't bother. If the DCA had all the correct paperwork then they should produce the CCA. All the DCA are doing is being lazy and deflecting you legal rights to a CCA when requested. What are you going to do of the OC comes up with a CCA? You going to call the DCA and say you have the paperwork now. The DCA will be laughing their socks off and will then badger you again and again since you will be in receipt of a CCA regardless of the fact that THEY shoudl have produced it. Also if the OC does produce a CCA and you choose to ignore since the DCA should hve it then whats the point?

Just my opinion.

rog2

happymumof3 wrote: »

I can advise that we have 30 days in which to obtain a copy of the signed agreement, under the Consumer Credit Act 2006, and cannot enforce the debt until the information has been supplied.
However I can confirm that at the present time we have been unable to obtain a copy of the agreement, and I can advise that our file on this matter is now closed.

Also, I am guessing that they are unable to locate a copy of the signed CCA (the account was opened in 2004, and I am pretty sure I did not sign an agreement). Is this likely to now be returned to Shop Direct, and are they likely to start chasing me for the money? And if so, do I just repeat the above process again? I'm guessing from Debt Managers statement that 'our file on this matter is now closed' means they are not interested in my debt anymore?

Firstly, it is simply not true that a dca 'has 30 days' to provide you with the true copy of the executed cca - the Consumer Credit Act gives them 12 Working Days.
However, what you have received is probably their 'generic' letter - they can not provide you with a cca so are not going to 'pursue' the matter with you.
Don't worry too much about them 'passing the debt back to Shop Direct' - IF Shop Direct, or another Debt Collection Agency purportedly working on their behalf, contacts you over this 'debt' then simply send them the 'FORMAL NOTICE - ACCOUNT IN DISPUTE' letter, that you will find on post 7 of the following thread:

http://forums.moneysavingexpert.com/showthread.html?t=963087

1981trouble

About 6 weeks ago I contacted Natwest about my overdraft and they told me the account was now with Allied International Credit and i should direct all correspondance to them.

On 7th August I sent AIC a CCA letter with postal order for £1. They sent me a letter on 10th August saying
"As we are currently acting on behalf of Natwest bank in respect of recovering the outstanding debt on theis account, we are unable to comply with your request. Such requests need to be addressed to the legal owners which is Natwest"
They have returned the postal order.

So - can anyone shed some light as to what i do next? Neither of them have contacted me for money in 3months(and i haven't paid them) as natwest told me they had asked AIC to contact me and they haven't and i am waiting for aic to give me the details to be able to pay. I don't know whether AIC are playing me and should be dealing with it, should i send it to natwest now or should i just keep my head down and keep quiet!

Hopefully you can help me!
Thanks

gargrave50

Morning all, just a quick update. Received a list of terms and conditions from Barclaycard this morning, despite them stating they would be sending "our" CCA under separate cover. I have written to them 12th August to state the account is officially in dispute, and I don't think they have a CCA to be perfectly honest. What happens next? Can I stop paying them and pay the money into my F&F pot for while so that I can make them an offer in 6 months? They haven't said they haven't got one - they have just sent me T&C's twice now.

RedRobbo

Afternoon all,

I have sent a CCA request to Cap regarding a balance with HSBC, who have now passed the account back to HSBC, and have not sent a true copy of my CCA, is this right? Further more HSBC are now sending me statements incurring additional costs, dispite not fullfilling there requirement from CAP. Please advice?

Charles

rog2

1981trouble wrote: »

About 6 weeks ago I contacted Natwest about my overdraft and they told me the account was now with Allied International Credit and i should direct all correspondance to them.

On 7th August I sent AIC a CCA letter with postal order for £1. They sent me a letter on 10th August saying
"As we are currently acting on behalf of Natwest bank in respect of recovering the outstanding debt on theis account, we are unable to comply with your request. Such requests need to be addressed to the legal owners which is Natwest"
They have returned the postal order.

So - can anyone shed some light as to what i do next? Neither of them have contacted me for money in 3months(and i haven't paid them) as natwest told me they had asked AIC to contact me and they haven't and i am waiting for aic to give me the details to be able to pay. I don't know whether AIC are playing me and should be dealing with it, should i send it to natwest now or should i just keep my head down and keep quiet!

Hopefully you can help me!
Thanks

Hi 1981 - Firstly, overdrafts are, unfortunately, not usually covered by the Consumer Credit Act, although in some cases they, or part of them, may be.
However - that is not, necessarily, the end of the matter. In order to get full clarification, you may need to issue a Subject Access Request (SAR) to AIC. There is a Statutory maximum fee of £10 for a SAR, but they must send you everything that they hold, on file, about you, within 40 days of receiving your request. This will include the agreement, relating to your overdraft (if one exists), which should tell you whether it is covered under the Act.

http://www.ico.gov.uk/what_we_cover/data_protection/your_rights/how_to_access_information.aspx

The absence of any further correspondence/contact from AIC would, however, indicate to me that they are unsure of their position and I would be inclined to wait until you hear anything from them.